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At 10:22 AM 10/14/96 -0400, Rita Weeks wrote:
>I want to first make perfectly clear that it is NOT my intent to discredit or
>reduce support for the Udall Bill.  I offer this information only in the
>debate re: reaction to the NE Parkinson's Registry on the Parkinsn Listserv.
>Most comments have opposed the registry.   Legislation established specific
>guidelines as to who has access to the database in NE..............Most who
>voice objection do so for fear the state agency may not adhere to the
>legislation as it was enacted......rights to privacy, insured by the
>legislation,  may be jeopardized.
>
________________________________________-

        I want to take some comfort in specifically just how that right to
privacy is insured by the legislation.

        >   Section 14 of the registry law says " Any  private or public
entity, individual, or approved researcher who wrongfully discloses
confidential data obtained from the medical record and health information
registries or uses such information with the intent to deceive shall be
guilty of a Class IV misdemeanor for each offense."

        Now let's take a look at Nebraska Criminal Code to determine the
level of comfort such protection actually provides.

        >   LAW 28-106. (1) For purposes of the Nebraska Criminal Code and
any statute passed by the Legislature after the date of passage of the code,
misdemeanors are divided into seven classes which are distinguished from one
another by the following penalties which are authorized upon conviction:
       Class IV misdemeanor...... Maximum -- no imprisonment, five hundred
dollars fine
                                                      Minimum -- one hundred
dollars fine

        I don't know how much money you spent at the supermarket last month
for groceries, but I don't find much solace in the knowledge that an
insurance company will be deterred from wrongdoing by the prospect of a
maximum five hundred dollar fine.



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